Abbas Huseni Petiwala v. Senior Inspector Of Police And ORS.

1 / 2 65-WP-5520-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5520 OF 2018 Abbas Huseni Petiwala .... Petitioner versus Senior Inspector of Police & Ors.

.... Respondents .......

• Mr.Subodh Desai i/b. Kartik Garg, Advocate for Petitioner. • Ms.A.S. Pai, PP for State/Respondent No.4.

CORAM

: NITIN JAMDAR & SARANG V. KOTWAL, J.

DATE : 15 NOVEMBER 2021 P.C. :

.

Heard learned counsel for the parties.

2.

The learned counsel for the Petitioner submitted that there are subsequent developments after filing of this Petition, in view of which, it is not necessary to enter into further on the merits MANUSHREE V NESARIKAR of the matter. He submitted that the Investigating Officer against MANUSHREE V NESARIKAR Date: 2021.11.18 13:39:57 +0530 whom the Petitioner had some reservations is no longer incharge of the investigation and another Investigating Officer has taken charge. Nesarikar

2 / 2 65-WP-5520-18.odt The document in question i.e. Indemnity Bond, which according to Petitioner bear fabricated signature of Petitioner's parent, has been sent for handwriting expert and the report is awaited. The learned counsel submitted that in these circumstances, the Petition need not be taken further and statutory remedies for the Petitioner be kept open.

3.

In light of these subsequent developments and the stand taken by the Petitioner, the Writ Petition is disposed of. If the Petitioner has any statutory remedy regarding further investigation, same is kept open to be considered as per law. (SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.)